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Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Man YIP
It is trite law that a valid and enforceable contract must be supported by consideration. The recent Court of Appeal case of Rainforest Trading Ltd v State Bank of India Singapore [2012] 2 SLR 713 is a further addition to the local jurisprudence on consideration, specifically the issue of past consideration. This note considers the specific issue of past consideration and argues that its label should be discarded in favour of a more realistic one that correctly emphasises its underlying concerns.
Restitution For Victims Of Fraud: Skandinaviska Enskilda Banken Ab (Publ), Singapore Branch V Asia Pacific Breweries (Singapore) Pte Ltd, Man Yip
Man YIP
The Court of Appeal decision in Scandinaviska Enskilda Banken AB (Publ), Singapore Branch v. Asia Pacific Breweries (Singapore) Pte Ltd raised many issues of law, including those of agency, banking, tort and restitution. This note will focus on the restitutionary issues. The Court of Appeal was put in a tough spot of having to balance the justice between two victims of fraud and this may have resulted in a decision that puts the law of unjust enrichment in a difficult position. In APBS, the Court of Appeal has the unenviable task of going down a difficult path of balancing justice …